Patna High Court
Chandan Kumar @ Chandan KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that the petitioner is entitled to bail.
Summary
Chandan Kumar was arrested in connection with a case alleging that he ordered a firing which injured a person while five men assaulted an informant during wheat threshing. He faced charges under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming false implication due to prior enmity, and highlighted his clean criminal record and the simple nature of the injury. The State opposed bail. The court, after considering the nature of the allegations, the length of custody, and the petitioner’s clean antecedent, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- injury
- order to fire
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36331 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- ASHTHAWAN District- Nalanda
======================================================
Chandan Kumar @ Chandan Kushwaha S/o Naveen Prasad @ Navin Kumar
R/o Village - Ugawan, P.O - Ugawan, P.S - Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
For the Informant : Mr. Aditya Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Asthawan P.S. Case No. 100 of 2026, registered for the offenses
punishable under Sections 109, 115(2), 126(2), 351(2), 352, and
3(5) of the Bharatiya Nyaya Sanhita (BNS) along with Section
27 of the Arms Act.
3. The allegation is that while the informant was
cutting wheat, five persons, including the petitioner, approached
the thresher and began abusing and assaulting him. It is further
alleged that the petitioner gave the order to fire, which hit the
left leg of Satish Kumar, causing him to sustain an injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case due to previous enmity. It is submitted that the allegation of
Patna High Court CR. MISC. No.36331 of 2026(3) dt.08-07-2026
2/2
firing is against co-accused persons and not against the
petitioner. The only allegation against the petitioner is of giving
the order to fire. It is further submitted that the injury sustained
by the victim is simple in nature, as per the injury report. The
petitioner has been in custody since 24-04-2026 and has no
criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
6. Considering the facts and circumstances of the
case, the nature of the allegation against the petitioner, the
period of custody, and the clean antecedent, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Nalanda at Biharsharif, in connection with Asthawan P.S. Case
No. 100 of 2026, subject to the condition that the petitioner shall
cooperate in the trial and remain present on each and every date
fixed by the court below. This is made clear if the petitioner fails
to appear on two consecutive dates without any reasonable
cause, the court below shall be at liberty to cancel his bail
bonds.
(Ansul, J)
Vikash/-
U T
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